SECTION II INSTRUCTIONS TO TENDERERS. 5 Appendix to Instructions to Tenderers 21
SECTION III GENERAL CONDITIONS OF CONTRACT. 23
SECTION IV SPECIAL CONDITIONS OF CONTRACT.. 30
SECTION V TECHNICAL SPECIFICATIONS 32
SECTION VI SCHEDULE OF REQUIREMENTS. 34
SECTION VIII STANDARD FORMS. 36
8.1 CONFIDENTIAL BUSINESS QUESTIONNAIRES FORMS.. 38
8.2 MANUFACTURERS AUTHORIZATION FORM. 43
Introduction
1.1 This Standard Tender Document has been prepared for use by public entities in Kenya
Issued by COUNTY GOVERNMENT OF UASIN GISHU 3
1.2 The following general directions should be observed when using the document. (a) Specific details should be furnished in the Invitation to Tender and in the special conditions of contract. The final documents to be provided to the tenderers should not have blank spaces or give options
(b) The Instructions to Tenderers and the general conditions of contract should remain unchanged. Any necessary amendments to these parts should be made through the special conditions of contract and the appendix to instructions to tenderers.
1.3 (a) Information contained in the Invitation to Tender shall conform to the data and information in the tender documents to enable potential tenderers to decide whether or not to participate and shall indicate any important tender requirements.
(b) The Invitation to Tender shall be issued as an advertisement in accordance with the regulations or a letter of invitation addressed to tenderers who have expressed interest following the invitation for expression of interest for which the invitation is issued.
SECTION I INVITATION FOR PREQUALIFICATION DATE 20/6/2014
Issued by COUNTY GOVERNMENT OF UASIN GISHU 4 TENDER NO: CGU/P/101/2014/2015
TENDER NAME : SUPPLY AND DELIVERY OF VETERINARIAN SUPPLIES AND MATERIALS
1.1 The Uasin Gishu County invites sealed bids from eligible candidates for supply and delivery supply and delivery of veterinarian supplies and materials
1.2 Interested eligible candidates may obtain further information from and inspect the tender documents at the Uasin Gishu County Hall ground floor Room No. 19 during normal working hours.
1.3 A complete set of tender documents may be obtained by interested candidates for free or www.uasingishu.go.ke
1.4 Completed tender documents are to be enclosed in plain sealed envelopes marked with tender reference number and be deposited in the Tender Box at Town Hall 1 st Floor addressed to The County Secretary Uasin Gishu P.O Box 40- 30100 Eldoret so as to be received on or before 10.00 am Friday 4 th July, 2014
1.5 Tenders will be opened immediately thereafter in the presence of the Candidates or their representatives who choose to attend at the County Hall Uasin Gishu.
For COUNTY SECRETARY
SECTION II - INSTRUCTIONS TO TENDERERS
Issued by COUNTY GOVERNMENT OF UASIN GISHU 5 Table of Clauses Page 2.1 Eligible tenderers 6 2.2 Eligible goods. 6 2.3 Contents of Tender document 7 2.4 Clarification of documents 7 2.5 Amendment of documents.. 8 2.6 Language of tender.. 8 2.7 Documents comprising the tender. 8 2.8 Tenderers eligibility and qualifications 0 2.9 Goods eligibility and conformity to Tender documents.. 10 2.10 Validity of tenders 12 2.11 Sealing and marking of tenders. 13 2.12 Deadline for submission of tender 14 2.13 Modification and withdrawal of tenders.. 14 2.14 Opening of tenders 15 2.15 Clarification of tenders.. 15 2.16 Preliminary examination..15 2.17 Evaluation and comparison of tenders.. 16 2.18 Contacting the procuring entity. 17 2.19 Award of contract.. 17 (a) Post qualification.. 17 (b) Award criteria.. 17 (c) Procuring entitys right to vary quantities. 18 (d) Procuring entitys right to accept or Reject any or all tenders 18 2.20 Notification of award.. 18
SECTION II - INSTRUCTIONS TO TENDERERS
Issued by COUNTY GOVERNMENT OF UASIN GISHU 6 2.1 Eligible Tenderers
2.1.1 This Invitation for Tenders is open to all tenderers eligible as described in the Invitation to Tender. Successful tenderers shall complete the supply of goods by the intended completion date specified in the Schedule of Requirements Section VI.
2.1.2 The procuring entitys employees, committee members, board members and their relative (spouse and children) are not eligible to participate in the tender.
2.1.3 Tenderers shall provide the qualification information statement that the tenderer (including all members of a joint venture and subcontractors) is not associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Procuring entity to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods under this Invitation for tenders.
2.1.4 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices.
2.2 Eligible Goods
2.2.1 All goods to be supplied under the contract shall have their origin in eligible source countries.
2.2.2 For purposes of this clause, origin means the place where the goods are mined, grown, or produced. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially-recognized product results that is substantially different in basic characteristics or in purpose or utility from its components
2.2.3 The origin of goods is distinct from the nationality of the tenderer.
2.4. The Tender Document
Issued by COUNTY GOVERNMENT OF UASIN GISHU 7 2.4.1 The tender document comprises the documents listed below and addenda issued in accordance with clause 2.6 of these instructions to Tenderers (i) Invitation to Tender (ii) Instructions to tenderers (iii) Schedule of requirements (iv) Technical Specifications (v) Manufacturers Authorization Form (vi) Confidential Business Questionnaire
2.4.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the tender documents. Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender.
2.5 Clarification of Documents
2.5.1 A prospective tenderer requiring any clarification of the tender Document may notify the Procuring entity in writing or by post at the Entitys address indicated in the Invitation to Tender. The Procuring Entity will respond in writing to any request for clarification of the Tender documents, which it receives not later than seven (7) days Prior to the deadline for the submission of tenders, prescribed by the Procuring entity. Written copies of the Procuring entities response (Including an explanation of the query but without identifying the Source of inquiry) will be sent to all prospective tenderers that have Received the tender document.
2.5.2 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender.
2.6 Amendment of Documents
Issued by COUNTY GOVERNMENT OF UASIN GISHU 8 2.6.1 At any time prior to the deadline for submission of tenders, the Procuring entity, for any reason, whether at its own initiative or in response to a clarification requested by a prospective tenderer, may modify the tender documents by amendment.
2.6.2 All prospective candidates that have received the tender documents will be notified of the amendment in writing or by post and will be binding on them.
2.6.3 In order to allow prospective tenderers reasonable time in which to take the amendment into account in preparing their tenders, the Procuring entity, at its discretion, may extend the deadline for the submission of tenders.
2.7 Language of Tender
2.7.1 The tender prepared by the tenderer, as well as all correspondence and documents relating to the tender exchange by the tenderer and the Procuring entity, shall be written in English language, provided that any printed literature furnished by the tenderer may be written in another language provided they are accompanied by an accurate English translation of the relevant passages in which case, for purposes of interpretation of the tender, the English translation shall govern.
2.8 Documents Comprising of Tender
2.8.1 The tender prepared by the tenderers shall comprise the following components (a) a Tender Form and a Price Schedule completed in accordance with paragraph 2.9, 2.10 and 2.11 below (b) documentary evidence established in accordance with paragraph 2.1.2 that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted; (c) documentary evidence established in accordance with paragraph 2..2.1 that the goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the tender documents; and
Issued by COUNTY GOVERNMENT OF UASIN GISHU 9 (d) tender security furnished in accordance with paragraph 2.14
2.12 Tenderers Eligibility and Qualifications
2.12.1 Pursuant to paragraph 2.1. the tendered shall furnish, as part of its Tender, documents establishing the tenderers eligibility to tender and Its qualifications to perform the contract if its tender is accepted.
2.12.2The documentary evidence of the tenderers eligibility to tender shall establish to the Procuring entitys satisfaction that the tenderer, at the time of submission of its tender, is from an eligible source country as defined under paragraph 2.1
2.12.3The documentary evidence of the tenderers qualifications to perform the contract if its tender is accepted shall be established to the Procuring entitys satisfaction; (a) that, in the case of a tenderer offering to supply goods under the contract which the tenderer did not manufacture or otherwise produce, the tenderer has been duly authorized by the goods Manufacturer or producer to supply the goods. (b) that the tenderer has the financial, technical, and production capability necessary to perform the contract; (c) that, in the case of a tenderer not doing business within Kenya, the tenderer is or will be (if awarded the contract) represented by an Agent in Kenya equipped, and able to carry out the Tenderers maintenance, repair, and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications.
2.13 Goods Eligibility and Conformity to Tender Documents
2.13.1 Pursuant to paragraph 2.2 of this section, the tenderer shall furnish, as part of its tender documents establishing the eligibility and conformity to the tender documents of all goods which the tenderer proposes to supply under the contract
2.13.2 The documentary evidence of the eligibility of the goods shall consist of a statement in the Price Schedule of the country of origin of the
Issued by COUNTY GOVERNMENT OF UASIN GISHU 10 goods and services offered which shall be confirmed by a certificate of origin issued at the time of shipment.
2.13.3 The documentary evidence of conformity of the goods to the tender documents may be in the form of literature, drawings, and data, and shall consist of: (a) a detailed description of the essential technical and performance characteristic of the goods; (b) a list giving full particulars, including available source and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the goods for a period of two (2) years, following commencement of the use of the goods by the Procuring entity; and (c) a clause-by-clause commentary on the Procuring entitys Technical Specifications demonstrating substantial responsiveness of the goods and service to those specifications, or a statement of deviations and exceptions to the provisions of the Technical Specifications.
2.13.4 For purposes of the documentary evidence to be furnished pursuant to paragraph 2.13.3(c) above, the tenderer shall note that standards for workmanship, material, and equipment, as well as references to brand names or catalogue numbers designated by the Procurement entity in its Technical Specifications, are intended to be descriptive only and not restrictive. The tenderer may substitute alternative standards, brand names, and/or catalogue numbers in its tender, provided that it demonstrates to the Procurement entitys satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications
2.15 Validity of Tenders
2.15.1 Tenders shall remain valid for 90 days or as specified in the Invitation to Tender after the date of tender opening prescribed by the Procuring entity, pursuant to paragraph 2.18. A tender valid for a shorter period shall be rejected by the Procuring entity as non responsive.
2.15.2 In exceptional circumstances, the Procuring entity may solicit the Tenderers consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The
Issued by COUNTY GOVERNMENT OF UASIN GISHU 11 tender security provided under paragraph 2.14 shall also be suitably extended. A tenderer may refuse the request without forfeiting its tender security. A tenderer granting the request will not be required nor permitted to modify its tender.
2.16 Format and Signing of Tender
2.16.1 The Procuring entity shall prepare two copies of the tender, clearly marking each ORIGINAL TENDER and COPY OF TENDER, as appropriate. In the event of any discrepancy between them, the original shall govern.
2.16.2 The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract. The latter authorization shall be indicated by written power-of-attorney accompanying the tender. All pages of the tender, except for unamended printed literature, shall be initialed by the person or persons signing the tender.
2.16.3 The tender shall have no interlineations, erasures, or overwriting except as necessary to correct errors made by the tenderer, in which case such corrections shall be initialed by the person or persons signing the tender.
2.17 Sealing and Marking of Tenders
2.17.1 The Tenderer shall seal the original and each copy of the tender in separate envelopes, duly marking the envelopes as ORIGINAL and COPY. The envelopes shall then be sealed in an outer envelope.
2.17.2 The inner and outer envelopes shall: (a) be addressed to the Procuring entity at the address given in the Invitation to Tender:
2.18.1 (b) bear, tender number and name in the Invitation for Tenders and the words, DO NOT OPEN BEFORE, (Friday, 4 th J uly 2014 at 10.00 A.M)
Issued by COUNTY GOVERNMENT OF UASIN GISHU 12 2.17.3 The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared late.
2.17.4 If the outer envelope is not sealed and marked as required by paragraph 2.17.2, the Procuring entity will assume no responsibility for the tenders misplacement or premature opening.
2.18 Deadline for Submission of Tenders
2.18.2 Tenders must be received by the Procuring entity at the address specified under paragraph 2.17.2 no later than (Friday, 4 th J uly 2014 at 10.00 A.M)
2.18.3 The Procuring entity may, at its discretion, extend this deadline for the submission of tenders by amending the tender documents in accordance with paragraph 2.6, in which case all rights and obligations of the Procuring entity and candidates previously subject to the deadline will therefore be subject to the deadline as extended
2.19 Modification and Withdrawal of Tenders
2.19.1 The tenderer may modify or withdraw its tender after the tenders submission, provided that written notice of the modification, including substitution or withdrawal of the tenders, is received by the Procuring prior to the deadline prescribed for submission of tenders.
2.19.2 The Tenderers modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of paragraph 2.17. A withdrawal notice may also be sent by cable, telex but followed by a signed confirmation copy, postmarked not later than the deadline for submission of tenders.
2.19.3 No tender may be modified after the deadline for submission of tenders.
2.19.4 No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form. Withdrawal of
Issued by COUNTY GOVERNMENT OF UASIN GISHU 13 a tender during this interval may result in the Tenderers forfeiture of its tender security, pursuant to paragraph 2.14.7
2.19.5 The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination.
2.19.6 The procuring entity shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer.
2.20 Opening of Tenders
2.20.1 The Procuring entity will open all tenders in the presence of tenderers representatives who choose to attend, at (Friday, 4 th J uly 2014 at 10.00 A.M) and in the location specified in the Invitation to Tender.
The tenderers representatives who are presence shall sign a register evidencing their attendance.
2.20.2 The tenderers names, tender modifications or withdrawals or absence of requisite and such other details as the Procuring entity, at its discretion, may consider appropriate, will be announced at the opening.
2.20.3 The Procuring entity will prepare minutes of the tender opening.
2.21 Clarification of Tenders
2.21.1 To assist in the examination, evaluation and comparison of tenders the Procuring entity may, at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted.
2.21.2 Any effort by the tenderer to influence the Procuring entity in the Procuring entitys tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers tender.
Issued by COUNTY GOVERNMENT OF UASIN GISHU 14 2.22 Preliminary Examination
2.22.1 The Procuring entity will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order.
2.22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantify, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security forfeited. If there is a discrepancy between words and figures the amount in words will prevail
2.22.3 The Procuring entity may waive any minor informality or non- conformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or effect the relative ranking of any tenderer.
2.22.4 Prior to the detailed evaluation, pursuant to paragraph 2.23 the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one, which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entitys determination of a tenders responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence.
2.22.5 If a tender is not substantially responsive, it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the non conformity. 2.23 Evaluation and Comparison of Tenders
2.23.1 The Procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph 2.22
Issued by COUNTY GOVERNMENT OF UASIN GISHU 15 2.23.2 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender.
2.23.3 A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement.
2.24 Contacting the Procuring entity
2.24.1 Subject to paragraph 2.21 no tenderer shall contact the Procuring entity on any matter related to its tender, from the time of the tender opening to the time the contract is awarded.
2.24.2 Any effort by a tenderer to influence the Procuring entity in its decisions on tender, evaluation, tender comparison, or contract award may result in the rejection of the Tenderers tender.
2.25 Award of Contract
(a) Post-qualification
2.25.1 In the absence of pre-qualification, the Procuring entity will determine to its satisfaction whether the tenderer that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily.
2.25.2 The determination will take into account the tenderer financial, technical, and production capabilities. It will be based upon an examination of the documentary evidence of the tenderers qualifications submitted by the tenderer, pursuant to paragraph 2.12.3 as well as such other information as the Procuring entity deems necessary and appropriate.
2.25.3 An affirmative determination will be a prerequisite for award of the contract to the tenderer. A negative determination will result in rejection of the Tenderers tender, in which event the Procuring entity will proceed to the next lowest evaluated tender to make a similar determination of that Tenderers capabilities to perform satisfactorily.
Issued by COUNTY GOVERNMENT OF UASIN GISHU 16
(b) Award Criteria
PREQUALIFICATION REQUIREMENTS FOR SUPPLIERS
MANDATORY REQUIREMENTS FOR PREQUALIFICATION
1. Attach a copy of tax compliance certificate (where applicable) 2. Copy of certificate of incorporation 3. Copy of valid Business permit 4. Company profile
EVALUATION CRITERIA
NO CRITERIA MARKS (100MKS) MARKS AWARDED 1 The business must be run by a professional registered by the relevant regulatory body.e.g Kenya veterinary Board, pharmacy and poisons board
20 2. Goods supplied must be approved by the kenya Bureau of standards (KEBS)
10 3 Drugs and vaccines supplied must be registered by the pharmacy and poisons board
20 4. Pest control products supplied must be registered by pest control products board (PCPB).
20 5. The company must have proof capacity to supply the goods
10 6. The company must have a business premises that is easily accessible
10 7. County Based (Uasin Gishu) 10
Total Marks 100
Issued by COUNTY GOVERNMENT OF UASIN GISHU 17
2.25.4 The Procuring entity will award the contract to the successful tenderer(s) whose tender has been determined to be substantially responsive , provided further that the tenderer is determined to be qualified to perform the contract satisfactorily.
(c ) Procuring entitys Right to Vary quantities
2.25.5 The Procuring entity reserves the right at the time of contract award to increase or decrease the quantity of goods originally specified in the Schedule of requirements without any change in unit price or other terms and conditions
(d) Procuring entitys Right to Accept or Reject Any or All Tenders
2.25.6 The Procuring entity reserves the right to accept or reject any tender, and to annul the tendering process and reject all tenders at any time prior to contract award, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Procuring entitys action
2.26 Notification of Award
2.26.1 Prior to the expiration of the period of tender validity, the Procuring entity will notify the successful tenderer in writing that its tender has been accepted.
2.26.2 The notification of award will constitute the formation of the Contract but will have to wait until the contract is finally signed by both parties
2.26.3 Upon the successful Tenderers furnishing of the performance security pursuant to paragraph 2.28, the Procuring entity will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph 2.14
2.27 Corrupt or Fraudulent Practices
Issued by COUNTY GOVERNMENT OF UASIN GISHU 18
2.27.1 The Procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts when used in the present regulations, the following terms are defined as follows; (i) corrupt practice means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and
(ii) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring entity, and includes collusive practice among tenderer (prior to or after tender submission) designed to establish tender prices at artificial non- competitive levels and to deprive the Procuring entity of the benefits of free and open competition; 2.27.2 The procuring entity will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question. 2.27.3 Further a tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya.
Appendix to Instructions to Tenderers
Notes on the Appendix to the Instruction to Tenderers
1. The Appendix to instructions to tenderers is intended to assist the procuring entity in providing specific information in relation to the
Issued by COUNTY GOVERNMENT OF UASIN GISHU 19 corresponding clause in the instructions to Tenderers included in Section II and has to be prepared for each specific procurement.
2. The procuring entity should specify in the appendix information and requirements specific to the circumstances of the procuring entity, the goods to be procured and the tender evaluation criteria that will apply to the tenders.
3. In preparing the Appendix the following aspects should be taken into consideration;
(a) The information that specifies and complements provisions of Section II to be incorporated
(b) Amendments and/or supplements if any, to provisions of Section II as necessitated by the circumstances of the goods to be procured to be also incooporated
4. Section II should remain un changed and can only be amended through the Appendix.
5. Clauses to be included in this part must be consistent with the public procurement law and the regulations.
Appendix to Instructions to Tenderers
The following information regarding the particulars of the tender shall complement supplement or amend the provisions of the instructions to tenderers. Wherever there is a conflict between the provision of the instructions to tenderers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers
Issued by COUNTY GOVERNMENT OF UASIN GISHU 20
INSTRUCTIONS TO TENDERERS REFERENCE PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
2.1.1
Indicate eligible tenderers
2.18.1
Indicate day, date and time of closing 2.29.1
As in 2.18.1 above
(Complete as necessary)
SECTION III: GENERAL CONDITIONS OF CONTRACT
Table of Clauses
Page 3.1 Definitions 24 3.2 Application.. 24 3.3 Country of Origin.. 24 3.4 Standards. 25 3.5 Use of Contract documents and information. 25
Issued by COUNTY GOVERNMENT OF UASIN GISHU 21 3.6 Patent Rights 25 3.7 Resolution of Disputes 29 3.8 Language and law.. 29 3.9 Force Majeure 29
SECTION III - GENERAL CONDITIONS OF CONTRACT
3.1 Definitions
3.1.1 In this Contract, the following terms shall be interpreted as indicated:- (a) The Contract means the agreement entered into between the Procuring entity and the tenderer, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
(b) The Contract Price means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations
(c) The Goods means all of the equipment, machinery, and/or other materials, which the tenderer is required to supply to the Procuring entity under the Contract.
(d) The Procuring entity means the organization purchasing the Goods under this Contract.
(e) The Tenderer means the individual or firm supplying the Goods under this Contract.
3.2 Application
3.2.1 These General Conditions shall apply in all Contracts made by the Procuring entity for the procurement installation and commissioning of equipment
3.3 Country of Origin
3.3.1 For purposes of this clause, Origin means the place where the Goods were mined, grown or produced.
Issued by COUNTY GOVERNMENT OF UASIN GISHU 22
3.3.2 The origin of Goods and Services is distinct from the nationality of the tenderer
3.4 Standards
3.4.1 The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications.
3.5 Use of Contract Documents and Information
3.5.1 The tenderer shall not, without the Procuring entitys prior written consent, disclose the Contract, or any provision therefore, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Procuring entity in connection therewith, to any person other than a person employed by the tenderer in the performance of the Contract.
3.5.2 The tenderer shall not, without the Procuring entitys prior written consent, make use of any document or information enumerated in paragraph 3.5.1 above
3.5.3 Any document, other than the Contract itself, enumerated in paragraph 3.5.1 shall remain the property of the Procuring entity and shall be returned (all copies) to the Procuring entity on completion of the Tenderers performance under the Contract if so required by the Procuring entity
3.6 Patent Rights
3.6.1 The tenderer shall indemnify the Procuring entity against all third- party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in the Procuring entitys country
3.14 Resolution of Disputes
Issued by COUNTY GOVERNMENT OF UASIN GISHU 23 3.14.1 The procuring entity and the tenderer shall make every effort to resolve amicably by direct informal negotiation and disagreement or dispute arising between them under or in connection with the contract
3.14.2 If, after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute, either party may require adjudication in an agreed national or international forum, and/or international arbitration.
3.15 Language and Law
3.15.1 The language of the contract and the law governing the contract shall be English language and the Laws of Kenya respectively unless otherwise stated.
3.16 Force Majeure
3.16.1 The tenderer shall not be liable for forfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
SECTION IV - SPECIAL CONDITIONS OF CONTRACT
Notes on Special Conditions of Contract
The clauses in this section are intended to assist the procuring entity in providing contract-specific information in relation to corresponding clauses in the General Conditions of Contract
The provisions of Section IV complement the General Conditions of Contract included in Section III, specifying contractual requirements linked to the special circumstances of the procuring entity and the goods being procured. In preparing Section IV, the following aspects should be taken into consideration.
(a) Information that complement provisions of Section III must be incorporated and
Issued by COUNTY GOVERNMENT OF UASIN GISHU 24 (b) Amendments and/o supplements to provisions of Section III, as necessitated by the circumstances of the goods being procured must also be incorporated.
SECTION IV - SPECIAL CONDITIONS OF CONTRACT
4.1. Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, between the GCC and the SCC, the provisions of the SCC herein shall prevail over these in the GCC.
42. Special conditions of contract as relates to the GCC
REFERENCE OF GCC SPECIAL CONDITIONS OF CONTRACT
3.18.1 Indicate resolutions of disputes
(Complete as necessary)
SECTION V - TECHNICAL SPECIFICATIONS
5.1 General
5.1.1 These specifications describe the requirements for goods. Tenderers are requested to submit with their offers the detailed specifications, drawings, catalogues, etc for the products they intend to supply
Issued by COUNTY GOVERNMENT OF UASIN GISHU 25
5.1.2 Tenderers must indicate on the specifications sheets whether the equipment offered comply with each specified requirement.
5.1.3 All the dimensions and capacities of the equipment to be supplied shall not be less than those required in these specifications. Deviations from the basic requirements, if any shall be explained in detail in writing with the offer, with supporting data such as calculation sheets, etc. The procuring entity reserves the right to reject the products, if such deviations shall be found critical to the use and operation of the products.
5.1.4 The tenderers are requested to present information along with their offers as follows:
(i) Shortest possible delivery period of each product (ii) Information on proper representative and/or workshop for back-up service/repair and maintenance including their names and addresses.
5.2 PARTICULARS
VETERINARIAN SUPPLIES
Issued by COUNTY GOVERNMENT OF UASIN GISHU 26
SECTION VIII - STANDARD FORMS
Notes on the sample Forms
1. Confidential Business Questionnaire Form - This form must be completed by the tenderer and submitted with the tender documents.
Issued by COUNTY GOVERNMENT OF UASIN GISHU 27 2. Manufacturers Authorization Form - When required by the ender documents this form must be completed and submitted with the tender documents. This form will be completed by the manufacturer of the goods where the tenderer is an agent.
8.2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM
You are requested to give the particulars indicated in Part 1 and either Part 2(a), 2(b) or 2 (c ) whichever applied to your type of business You are advised that it is a serious offence to give false information on this form
Part 1 General:
Issued by COUNTY GOVERNMENT OF UASIN GISHU 28 Business Name .. Location of business premises. .. Plot No Street/Road .. Postal Address .. Tel No. . Fax . E mail . Nature of Business ,.. Registration Certificate No. Maximum value of business which you can handle at any one time Kshs. Name of your bankers .. Branch
Part 2 (a) Sole Proprietor Your name in full .. Age .. Nationality Country of origin . Citizenship details .
Part 2 (b) Partnership Given details of partners as follows: Name Nationality Citizenship Details Shares 1. . 2. 3. .. 4. ..
Part 2 (c ) Registered Company Private or Public . State the nominal and issued capital of company- Nominal Kshs. Issued Kshs. Given details of all directors as follows Name Nationality Citizenship Details Shares 1.. 2. .. 3. 4. 5 .
Date .. Signature of Candidate .. If a Kenya Citizen, indicate under Citizenship Details whether by Birth, Naturalization or registration.
8.7 MANUFACTURERS AUTHORIZATION FORM
To [name of the Procuring entity] .
WHEREAS [ name of the manufacturer] who are established and reputable manufacturers of .. [name and/or description of the goods] having factories
Issued by COUNTY GOVERNMENT OF UASIN GISHU 29 at [address of factory] do hereby authorize [name and address of Agent] to submit a tender, and subsequently negotiate and sign the Contract with you against tender No. . [reference of the Tender] for the above goods manufactured by us.
We hereby extend our full guarantee and warranty as per the General Conditions of Contract for the goods offered for supply by the above firm against this Invitation for Tenders.
[signature for and on behalf of manufacturer]
Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent.
LETTER OF NOTIFICATION OF AWARD
Address of Procuring Entity _____________________ _____________________ To:
Issued by COUNTY GOVERNMENT OF UASIN GISHU 30
RE: Tender No.
Tender Name
This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you.
1. Please acknowledge receipt of this letter of notification signifying your acceptance.
2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject matter of this letter of notification of award.